LOS LUNAS, N.M. (KRQE) - Prosecutors are making another attempt to get Benjamin Hilburn's younger sister to testify at his trial for murdering their father.
He was 9 when he shot his father in the head with a shotgun at their Belen home in 2009.
Now 13, he could be locked up until he's 21 if he's convicted of murder at his trial, which starts in 10 days.
His sister, who was just 6, witnessed the killing.
Last year a judge ruled her incompetent to testify after a defense expert said that she's traumatized by what she saw, does not want to remember it and shuts down when asked about it.
However, the district attorney is asking the current judge on the case to let a prosecution expert examine her.
If the prosecution expert thinks she can testify, the DA will file a motion to let her take the stand.
A hearing on the new request is set for Wednesday.
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